BILL NUMBER: AB 96	CHAPTERED  09/29/00

	CHAPTER   871
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JANUARY 26, 2000
	AMENDED IN ASSEMBLY   JANUARY 12, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Shelley

                        DECEMBER 10, 1998

   An act to amend Sections 20420 and 20436 of, and to add Section
20432 to, the Government Code, relating to retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 96, Shelley.  Retirement benefits.
   Existing provisions of the Public Employees' Retirement Law define
"local safety member," for purposes of prescribing benefits and
contribution rates, to include, among others, county peace officers.
County peace officers are defined as specified employees of a
sheriff's office of a contracting agency.  Existing law prohibits
contracts or contract amendments from providing retirement benefits
to some, but not all, members in specified local membership
classifications, including county peace officers.  Existing law also
prohibits provision of different retirement benefits for any subgroup
within those same membership classifications.
   This bill would create a new local membership classification,
designated "local sheriff," that would, subject to contract
amendment, apply to specified employees of the sheriff's office in
San Francisco County.  The bill would provide that persons in the
local sheriff classification would no longer be included in the
county peace officer classification.  The bill would also amend the
definition of local safety members to include persons in the local
sheriff classification.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20420 of the Government Code is amended to
read:
   20420.  "Local safety member" includes all local police officers,
local sheriffs, firefighters, safety officers, county peace officers,
and school safety members, employed by a contracting agency who have
by contract been included within this system.
  SEC. 2.  Section 20432 is added to the Government Code, to read:
   20432.  (a) "Local sheriff" means any officer or employee of a
sheriff's office of a contracting agency, except one whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise, and whose functions do not clearly
come within the scope of active law enforcement service even though
the employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement
service, but not excepting persons employed and qualifying as deputy
sheriffs or equal or higher rank irrespective of the duties to which
they are assigned.
   (b)  "Local sheriff" does not include persons employed to perform
identification or communication duties other than persons in that
employment on August 4, 1972, who elected within 90 days thereafter
to be local safety members.  A contracting agency may elect by
amendment to its contract to include as "local sheriff" all persons
who were employed to perform identification or communication duties
on August 4, 1972, and who elect within 60 days of the effective date
of the contract amendment to be local safety members.  The election
shall apply to the person's past as well as future service in the
employment held on the effective date but shall not apply to service
following any subsequent acceptance of appointment to a position
other than that held on the effective date.  This subdivision shall
not apply to persons employed and qualified as deputy sheriffs or
equal or higher rank.
   (c) Any officer or  employee who is a local sheriff as defined in
this section shall not be deemed to be a county peace officer, as
defined in Section 20436, for any purpose under this part.
   (d) This section shall only apply to a county of the sixth class
as defined in Sections 28020 and 28027, as amended by Chapter 1204 of
the Statutes of 1971.
   (e) This section shall not apply to the employees of any
contracting agency nor to any such agency unless and until the
contracting agency elects to be subject to the provisions of this
section by amendment to its contract with the board, made as provided
in Section 20474 or by express provision in its contract with the
board.
  SEC. 3.  Section 20436 of the Government Code is amended to read:
   20436.  "County peace officer" means the sheriff and any officer
or employee of a sheriff's office of a contracting agency, except one
whose principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
do not clearly come within the scope of active law enforcement
service even though the employee is subject to occasional call, or is
occasionally called upon, to perform duties within the scope of
active law enforcement service, but not excepting persons employed
and qualifying as deputy sheriffs or equal or higher rank
irrespective of the duties to which they are assigned.  Any other
provision in this part to the contrary notwithstanding, "county peace
officers" shall also include and mean any inspector, investigator,
detective, or person with a comparable title, in any district
attorney's office of a contracting agency whose principal duties are
to investigate crime and criminal cases and who receives compensation
for this service.
   "County peace officer" does not include persons employed to
perform identification or communication duties other than persons in
that employment on August 4, 1972, who elected within 90 days
thereafter to be local safety members.  A contracting agency may
elect by amendment to its contract to include as "county peace
officer" all persons who were employed to perform identification or
communication duties on August 4, 1972, and who elect within 60 days
of the effective date of the contract amendment to be local safety
members.  The election shall apply to the person's past as well as
future service in the employment held on the effective date but shall
not apply to service following any subsequent acceptance of
appointment to a position other than that held on the effective date.
  This paragraph shall not apply to persons employed and qualified as
deputy sheriffs or equal or higher rank.
   "County peace officer" does not include any officer or employee
who is a local sheriff, as defined in Section 20432.
